1. Pre-Grant Opposition under Section 25.(1) of Indian Patent Act 1970

TKDL Pre-Grant Opposition under Section 25.(1) brought to the notice of examination division the prior art references on the use of Brassica rapa (rape mustard), Vitis vinifera (wine grape), Boswellia serrata (shallaki.), Cocos nucifera (coconut) and Brassica nigra (black mustard) for the treatment of Diseases of skin and as Anti wrinkle, Beneficial for skin and Cleanser of skin / hide from the books – Vangasena by Vangasena (Ayurveda, Exhibit 1), Bharata Bhaisajya Ratnakara (Ayurveda, Exhibit 2), Al-Jaam'e-li-Mufradaat-al-Advia-wal-Aghzia,Vol. IV by Ziya Al- Din Abdullah Ibn Al- Baitar (Unani, Exhibit 3), Siddhabhesajamanimalah by Krsnarama Bhatta (Ayurveda, Exhibit 4), Khazaain-al-Advia, Vol. I by Mohammad Najmul Ghani Khan (Unani, Exhibit 5 & 7), Rajanighantauh by Pandita Narahari (Ayurveda, Exhibit 6), Rasatantrasarah Evam Siddhaprayogasamgrahah- part I (Ayurveda, Exhibit 8) and Khazaain-al-Advia, Vol III by Mohammad Najmul Ghani Khan (Unani, Exhibit 9 & 10).

2. Relevant Extract of CGPDTM Examination report

CGPDTM Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 3 are reproduced below.

“Subject matter of the claims does not constitute an invention u/s 2(1) (j) as the claims lack novelty and inventive step in view of cited documents:

D1: Formulations retrieved from Traditional Knowledge Digital Library-

(i) Formulation name: Nirgundyadi Udvartna [formulation ID: AKI 1/4080]
published in Vangasena - Commentator Shaligram Vaisya, Edited Shankar laiji Jain; Khemraj Shrikrishna Das Prakashan, Bombay, Edn. 1996 Pg 910 refers to a formulation containing rape mustard along with few other ingredients used as anti- wrinkle through local application.

(ii) Formulation name: Nirgundyadiprayogah [formulation ID: RG/732]
published in Bharata Bhaisajya Ratnakara - compiled by Naginadasa Chaganalala Saha ,translated by Gopinath Gupta - Vol.-III, B. Jain Publishers,

New Delhi, Edn. 2nd. Reprint, August 1999. [This book contains back references from 1000 B.C.to 20th century], page 210 refers to a formulation containing rape mustard (Brassica rapa Linn. Syn.: B. campestris Linn.) along with few other ingredients used as anti-wrinkle through local application.

(iii)Formulation name: Marookh Khosha-e- Angoor [formulation ID: MH2/93B]
published in Ibn Al-Jaam"e-li-Mufradaat-al-Advia-wal-Aghzia,Vol. IV (13th century AD), Matba Amra, Cairo, Egypt, 1874 AD page 57 refers to a formulation containing wine grape (Vilis vinifera Linn.) along with few other ingredients used as cleanser of skin/hide through local application.

(iv)Formulation name: Kundurugunaah [formulation ID: RS/4057]
published in Siddhabhesajamanimalah- commentary by Kaladhara Bhatta, Chaukhambha Krishnadas Academy, Varanasi, Edn. 3rd 2003, Pg 49 refers to a formulation containing Indian frankincense (Boswellia serrata Roxb. ex Coleb.) as a single ingredient used as beneficial for skin. Mode of administration is as directed by physician.

(v)Formulation name: Taraavish-e-Shaakh-e-Angoor [formulation ID: NA2/220AD2]
published in Khazaain-al-Advia, Vol. I (20th century AD), Nadeem Yunus Printer/Sheikh Mohd Basheer & Sons, Lahore, 1911 AD page 625 refers to a formulation containing wine grape (Vitis vinifera Linn.) as a single ingredient used for the treatment of diseases of skin through local application.

(vi)Formulation name: Tiksanaka Guna [formulation ID: RS8/1092]
published in Rajanighantauh - edited with Hindi commentary by Indradeo Tripathi; Krishnadas Academy, Varanasi, Edn. 2nd 1998, pages 552-553 refers to a formulation containing rape mustard (Brassica rapa Linn. Syn.: B. campestris Linn.) as a single ingredient used for the treatment of Diseases of skin . Mode of administration is as directed by physician.

(vii) Formulation name: Roghan-e- Aak I [formulation ID: NA2/20E1]
published in Khazaain-al-Adv1a, Vol. I (20th century AD), Nadeem Yunus Printer/Sheikh Mohd Basheer & Sons, Lahore, 1911 AD page 385 refers to a formulation containing grape mustard (Brassica rapa Linn. Syn.: B. campestris linn.) as a single ingredient used for the treatment of diseases of skin through local application.

(viii)Formulation name: Candraprabha Udvartanam [formulation ID: RS22/1176]
published in Rasatantra- sarah Evam Siddhaprayogasamgraha)- part I; Krishan Gopal Ayurveda Bhawan; Edn 8th;1990 [This book contains back references from 1000 B.C.to 20th century] Pg 876 refers to a formulation containing rape mustard (Brassica rapa Linn. Syn.: B. campestris Linn.) along with few other ingredients used for as Beneficial for skin through local application.

(ix) Formulation name: Raughan-e-kalonji [formulation ID: JA6/359X]
published in Khazaain-ai-Advia, Vol III (20th century AD) Nadeem Yunus Printer/Sheikh Mohd Basheer & Sons, Lahore, 1926 AD Pg 390 refers to a formulation containing Cocos nucifera Linn. along with few other ingredients used for the treatment of diseases of skin through local application.

(viii)Formulation name: Raughan Bara-e Amraaz-e-jild [formulation ID: JA6/852Z10]
published in Khazaain-ai-Advia, Vol III (20th century AD) Nadeem Yunus Printer/Sheikh Mohd Basheer & Sons, Lahore, 1926 AD Pg 697 refers to a formulation containing Cocos nucifera (Linn.) and black mustard (Brassica nigra (linn.)) along with few other ingredients used for the treatment of maggots in diseases of skin through local application.

It is apparent from the said formulations that extracts of rape mustard, Frankincense and black mustard, wine grape are pre known for their use for treatment of skin diseases and anti-wrinkle effect as part of teachings of Indian traditional knowledge. ”

Full examination report can be referred at 2497_DELNP_2008.pdf

3. Outcomes of Pre-Grant Opposition & Examination Report.

As the outcome of TKDL Pre-Grant Opposition and other documents cited in examination report, Application is Abandoned U/S 21(1).